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ALLAHABAD HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for injunction - Petitioner claims to be owner in possession of a portion of suit land - However, petitioner herself admitted that her plot was different from suit property - Application for impleadment rightly rejected...........

ALLAHABAD HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 40, Rule 1 -- Appointment of receiver - Partition suit - Prima facie an opinion has been formed by Courts below about property being joint in absence of any tangible evidence at that stage to the contrary and based thereon an order allowing application for appointment of receiver - Orders have been passed to protect the property and..........

RAJASTHAN HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2, Transfer of Property Act, 1882, Section 52 -- Temporary injunction - Pendente lite purchaser - Part of property purchased by party during pendency of partition suit - Would disentitle him to equitable relief of temporary injunction due to his conduct, particularly when he has knowledge about pendency of partition suit...........

RAJASTHAN HIGH COURT

Year of decision: 2017
Details

Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406 -- Quashing of order - Order taking cognizance - Cheating - Complainant himself admitted that he voluntarily gave loan to accused - Apparently, no fraudulent inducement to get the loan from complainant - Moreover, a reasonable amount was repaid to complainant - Ex-facie essential..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Once pleadings in previous suit have not been filed, bar of subsequent suit U.O.2.R.2 CPC cannot be examined...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 100 -- Second appeal - Settlement deed not exhibited on file - Settlement deed if any has to be pleaded and proved - Once it is not part of file, High Court cannot look into document which was not proved before Court below, for the first time in exercise of its jurisdiction in second appeal - Second appeal dismissed...........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - To note down physical features of property in a suit for injunction is not prohibited - However, fishing out information is prohibited which means to make local enquiry of hearsay material from the persons gathered there or the like...........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - Parties to suit cannot travel beyond pleadings so also the Court cannot record any finding on the issues which are not part of pleadings - In other words, Court has to record findings only on issues which are part of the pleadings on which parties are contesting the case - Any finding recorded on an issue de..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession - Non-framing of substantial question of law to examine the legality and correctness of any specific finding recorded by Courts below on the issues framed, would render those findings attaining finality for want of challenge, as no error was noticed by High Court in said findings...........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 100(4), (5) -- Second appeal - Substantial question of law - (i) High Court can hear second appeal only on question so formulated; (ii) it has jurisdiction to dismiss the second appeal, if respondent raises an objection at the time of hearing that question so formulated does not arise in the case or is not a substantial question of law;..........

Showing : 2031-2040 of 22595 Results